Delhi High Court Cautions Its Registry To Keep In Mind Judgments, Practice Directions On Ensuring Confidentiality Of Sexual Offences Victims In Filings

The Delhi High Court has recently cautioned its Registry to “keep in mind” the judgments and its practice directions for ensuring that anonymity and confidentiality of the prosecutrix or victim of sexual offences is maintained in judicial filings.

Justice Saurabh Banerjee said that the Registry has to keep in mind the decisions whenever any litigation concerning sexual offences is filed by any person.

The court referred to the judgments of the Supreme Court in Nipun Saxena v. Union of India and of coordinate bench in Saleem v. The State of NCT of Delhi & Anr., including the practice directions issued by the High Court in October.

“The Registry is cautioned to keep in mind the aforesaid dicta's in letter and spirit. Needless to say, the same has to be kept in mind when any litigation of the present nature is being filed by any person before this Court,” it said.

The bench was dealing with a plea moved by a man seeking anticipatory bail in a rape case registered under Section 376 of the Indian Penal Code, 1860, and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

Before dwelling into the merits of the case, the court found that the name of the complainant was not fully redacted in the few documents relied upon by the applicant accused.

“…the learned counsel for the applicant is called upon to pursue with the Registry of this Court for taking appropriate steps in curing the said defects within a period of one week,” the court said.

The complainant alleged that the accused, whom she knew since school, forced sexual relation with her under the pretext of marriage in 2015 when she was a minor.

She alleged that the accused had a long-standing relationship with her till 2021, when their marriage could not go through, because, according to her, he and his family members were persuading her to change her religion for the marriage.

On the other hand, the accused took a stand that he had all the intentions to marry the complainant but since she was cheating on him with some other person, he broke off the marriage.

Granting anticipatory bail to the accused, the court said that there was something more than what meets the eye inter-se the parties.

“The same is also evident from the factum that the complainant chose to sit silent and not allege anything of the kind she has chosen to do so in her complaint since 2015, which has resulted in registration of the present FIR,” the court said.

It further noted that the accused had submitted himself to join the investigation twice, which was also affirmed by the APP appearing for the State upon instructions from the concerned IO.

“Taking into consideration the facts involved and the surrounding circumstances coupled with the aforesaid factors, the applicant is granted anticipatory bail in FIR No.582/2023 dated 28.10.2023 registered under Section 376 IPC and Section 6 POCSO at PS Maurya Enclave, Delhi,” the court said.

Counsel for Applicant: Ms. Warisha Farasat, Ms. Natasha and Mr. Aman Naqvi, Advocates

Counsel for Respondent: Ms. Meenakshi Dahiya, APP for the State; Mr. Mohit Chaudhary, Mr. Kunal, Mr. Anubhav Singhal and Ms. Srishti Bajpai, Advocates for complainant

Title: FAIZY KHAN v. THE STATE GOVT OF NCT OF DELHI)

Citation: 2023 LiveLaw (Del) 1245

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